§ 34.46 FUEL PURCHASED BY LOCAL GOVERNMENT UNITS.

   The bid requirements of SDCL Chapter 5-18C, 5-18A, 5-18B, and 5-18D do not apply to the purchase of fuel by units of local government. The governing board of a unit of local government may, instead of advertising for bids, negotiate a contract for the purchase of fuel at the most advantageous price. The governing board shall contact and attempt to obtain competitive quotations from at least three suppliers. A record of the names of the suppliers, the quotations received and the procurement procedures used in purchasing shall be documented, noted in the minutes, and retained on file by the governing body. The contract may include a procedure for adjusting prices to meet changing market conditions not within the control of the vendor.

(SDCL §  5-18C-6)

FUNDS AND MONIES RECEIVED

§ 34.55 BUSINESS IMPROVEMENT DISTRICTS, USAGE OF FUNDS.

   Any money generated pursuant to SDCL § 9-55-2 may be used for any one or more of the following purposes:

   (A)   The acquisition, construction, maintenance, and operation of public off-street parking facilities for the benefit of the district area;

   (B)   Improvement of any public place or facility in the district area, including landscaping and plantings;

   (C)   Construction or installation of convention or event centers, pedestrian shopping malls or plazas, sidewalks, including moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, fountains, skywalks, and pedestrian and vehicular overpasses and underpasses or any useful or necessary public improvement;

   (D)   Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing parking lots or parking garages, both above and below ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement, in the district area;

   (E)   Creation and implementation of a plan for improving the general architectural design of public areas in the district area;

   (F)   The development of any activities and promotion of the district area;

   (G)   Maintenance, repair, and reconstruction of any improvements or facilities authorized by SDCL Chapter 9-55;

   (H)   Any other project or undertaking for the betterment of the facilities in the district area, whether the project is capital or noncapital in nature;

   (I)   Enforcement of parking regulations within the district area; and

   (J)   Employing or contracting for personnel, including administrators for any improvement or promotional program under this chapter, and providing for any service necessary or proper to carry out the purposes of SDCL Chapter 9-55.

(SDCL § 9-55-3)

§ 34.56 INTERNAL SERVICE FUND FOR EQUIPMENT PURCHASES.

   The governing body of a municipality may by resolution create an internal service fund to provide for the acquisition of equipment. Moneys may be budgeted and transferred to the fund from any source which may lawfully be used for such purpose, including equipment usage charges on any municipal department or agency. For purposes of this section, the term, EQUIPMENT, includes machinery, motor vehicles, and any other equipment or personal property.

(SDCL § 9-21-32)

§ 34.57 PAYMENTS TO MUNICIPALITY FROM REVENUES OF COOPERATIVE PROVIDING ELECTRIC SERVICE WITHIN MUNICIPALITY.

   A rural electric cooperative serving less than a majority of customers in a municipality which does not have a municipally owned system, may, at the option of the municipality, pay in addition to other taxes provided by law, an amount to be agreed upon, not to exceed 2% of the total gross revenue collected by the rural electric cooperative for that year, by the electric supplier and the governing body of the municipality. If the parties have not agreed on the amount on or before May first following the calendar year from which the amount is to be paid, the amount to be paid shall be 2% of the total gross revenue collected by the rural electric cooperative from the sale of power distributed to structures and electric service outlets situated within the municipality. The tax imposed by a municipality pursuant to this section may be passed on to the purchaser. Any revenue received by the rural electric cooperative from the tax imposed by a municipality pursuant to this section that is separately stated on the invoice, bill of sale, or similar document is not considered gross receipts as defined in SDCL Chapters 10-45, 10-46, or 10-52.

(SDCL § 49-34A-45)

§ 34.58 BAD CHECKS GIVEN TO CITY OR ITS AGENTS.

   (A)   It shall be unlawful for any person to make and deliver for draw and deliver or utter or give to the city, or to any officer, employee, agent, agency, board, bureau or commission thereof, in payment of any license, fee, fine, penalty, assessment, tax, debt, obligation or other exaction, payment, or amount of money which the municipality or such officer, employee, agent, agency, board, bureau or commission is lawfully authorized to receive or collect, any check or draft upon any bank or banking association with knowledge that the maker or drawer thereof does not have an account in or with such bank or banking association subject to such check or draft. The fact that payment of such check or draft, when presented in the usual course of business, shall be refused by such bank or banking association for lack of sufficient funds to the credit of the drawer or maker with which to pay the same, or because such drawer or maker has no account subject to such check or draft, shall be prima facie evidence that the same was made and delivered or drawn and delivered or uttered or given with the knowledge hereinabove mentioned.

   (B)   The bad check fee to be set by resolution may be assessed against returned checks as allowed by state law.

Penalty, see §  10.99